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HERGET NATIONAL BANK v. KENNEY

No. 59673.

105 Ill.2d 405 (1985)

475 N.E.2d 863

THE HERGET NATIONAL BANK OF PEKIN, Appellant, v. DAVID KENNEY, Director of Conservation, Appellee.

Supreme Court of Illinois.

Opinion filed February 22, 1985.

Attorney(s) appearing for the Case

Ronald L. Keyser, of Elliff, Keyser, Oberle, Davies & Hoffman, P.C., of Pekin, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Karen Konieczny, Special Assistant Attorney General, of Chicago, of counsel), for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE MORAN delivered the opinion of the court:

Defendant, David Kenney, Director of the Department of Conservation, appealed from the judgment of the circuit court of Tazewell County ordering the issuance of a writ of mandamus directing him to institute eminent domain proceedings to determine compensation for certain real estate owned by plaintiff, the Herget National Bank of Pekin, as trustee. In...

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